Sections 18.19.5.12 and 18.19.5.14 of the New Mexico Administrative Code (NMAC) (presented in their entirety below) detail the regulatory requirements regarding those documents that must be provided by an applicant for a non-commercial REAL ID compliant New Mexico driver’s license, permit or identification card as proof of the applicant’s identification number, identity, age and lawful status.

Note:An Affidavit of Birth Issued by a Federally Recognized Indian Nation, Tribe or Pueblo (but not a Certificate of Indian Blood) may be accepted as proof of identity and age. If the applicant is a member of a federally recognized Indian nation, tribe or pueblo and does not have a birth certificate to demonstrate proof of Identity and age, the applicant may use an Affidavit of Birth to prove Identity and age so long as the affidavit contains the applicant’s name and date of birth.

Proof of New Mexico Residency (18.19.5.16 NMAC)

18.19.5.16 NMAC (also presented in its entirety below) further details the residency documents that must be provided by an applicant for any non-commercial New Mexico driver’s license, permit, driving authorization card or identification card as proof of the applicant’s New Mexico residency.

Note: Field office personnel always have the ability and responsibility to inquire further, and may request additional documentation if documents were not verified through Save or VLS, if there is reason to suspect that documents provided are not legitimate. If in doubt consult your manager, who may in turn consult with the appropriate Bureau Chief.

18.19.5.12 NMAC: Proof of Identification Number, Identity, and Age for a United States Citizen, United States National or Permanent Resident Alien

A. A United States citizen, United States national or permanent resident alien applying for a REAL ID Act of 2005 compliant New Mexico identification card, driving permit, provisional driver’s license, or driver's license, other than a commercial driver's license, must provide documentary proof of their identification number, identity, age, lawful status and New Mexico residency.

B. To establish identity and age, and lawful status, the applicant must present at least one of the following documents:

(1) a valid, unexpired United States passport;

(2) a valid, unexpired United States passport card;

(3) a valid foreign passport with I-551stamp;

(4) a certified copy of a birth certificate filed with a state office of vital statistics or equivalent agency in the individual's place of birth;

(5) a consular report of birth abroad issued by the U.S. department of state, form FS-240, DS-1350 or FS-545;

(6) a valid, unexpired permanent resident card (form I-551) issued by the U.S. department of homeland security (DHS) or immigration and naturalization service;

(7) a certificate of naturalization issued by DHS, form N-550 or form N-570;

(8) a certificate of citizenship, form N-560 or form N-561, issued by DHS;

(9) other documents as DHS may designate by notice published in the federal register; or

(10) other documents as allowed by an approved DHS exception process.

C. Along with the identity document listed above, an applicant must also present his or her social security administration (SSA) account number card. If a SSA account card is not available, the person shall present one the following documents, provided that the document bears the applicant’s social security number:

(1) a W-2 form;

(2) a SSA-1099 form;

(3) a non-SSA-1099 form; or

(4) a pay stub with the applicant’s name and social security number on it.

18.19.5.14 NMAC: Proof of Identification Number, Identity, Age, and Lawful Status for Lawful United States Residents

A. A person who is legally in the United States but not a United States citizen, United States national or permanent resident alien may apply for a REAL ID Act of 2005 compliant New Mexico identification card, driving permit, provisional driver’s license, or driver's license, other than a commercial driver's license, and must provide documentary proof of their identification number, identity, age, lawful status and New Mexico residency.

B. To establish identity and age, the applicant must present one of the following documents:

(1) an unexpired employment authorization document issued by U.S. department of homeland security (DHS), form I-766 or form I-688B, verified by the systematic alien verification for entitlements system (SAVE);

(2) an unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States, verified by SAVE. This document can be used to satisfy both the identity and age requirement, and identification number requirement for a Real ID compliant credential.

(3) REAL ID Act of 2005 driver’s license or identification card issued in compliance with the standards established by this part.

C. If the identity document submitted is from one listed in Paragraph (3) of Subsection B of 18.19.5.14 NMAC, then to establish legal or lawful presence in the United States, the applicant must present one of the following documents issued by the U.S. federal government verified through SAVE:

(1) an unexpired immigrant or nonimmigrant visa status for admission into the United States;

(2) a pending or approved application for asylum in the United States;

(3) admission into the United States as a refugee;

(4) a pending or approved application for temporary protected status in the United States;

(5) approved deferred action status;

(6) a pending application for adjustment of status to legal permanent resident or conditional resident;

(7) conditional permanent resident alien status; or

(8) other documents as DHS may designate by notice published in the federal register.

D. An applicant must also present documentary evidence of their identification number from one of the following documents:

(1) if, eligible for social security number, his or her social security administration (SSA) account number card. If a social security administration account card is not available, the person shall present one the following documents, provided that the document bears the applicant’s social security number:

(a) a W-2 form;

(b) a SSA-1099 form;

(c) a non-SSA-1099 form;

(d) a pay stub with the applicant’s name and social security number on it; or.

(2) an unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States, verified by SAVE. This document can be used to satisfy both the identity and age requirement, and identification number requirement for a Real ID compliant credential.

18.19.5.16: Proof of New Mexico Residency

A. All applicants for a REAL ID Act of 2005 compliant New Mexico identification card, driving permit, provisional driver’s license, or driver's license, other than a commercial driver's license, and all applicants for a driving authorization card or identification card not acceptable for federal purposes must provide documentary evidence demonstrating New Mexico residency.

B. Applicants must provide two of the following documents, showing the applicant’s name and a New Mexico residential address for the applicant, as proof that the applicant lives in New Mexico.

(1) a current real property rental agreement or purchase agreement;

(2) a utility bill dated within 60 days, such as water, gas, electric, waste, telephone, cable or satellite bill, but not a bill for a cell phone;

(3) an insurance bill, card or binder, dated within the past 6 months;

(4) a bank or credit card statement dated within 60 days;

(5) an employment pay stub that contains the applicant’s name and address, dated within 60 days;

(6) a current, local property tax statement or mortgage documents;

(7) a document from an education institution, such as a transcript, report card or enrollment confirmation, provided it is dated within 60 days;

(8) original documents from a city, county, state, tribal or federal government organization attesting to the fact that the applicant is a New Mexico resident;

(9) a New Mexico medical assistance card with address on card, letter from issuing agency that came with card showing name and address, or profile printout from issuing agency;

(10) a New Mexico public assistance card with address on card, letter from issuing agency that came with card showing name and address, or profile printout from issuing agency;

(11) documents indicating membership in a New Mexico religious organization, provided that the applicant is less than 18 years of age; or

(12) documents indicating membership in a New Mexico sports organization, provided that the applicant is less than 18 years of age;

(13) if the applicant is less than 18 years of age, an affidavit from the applicant’s parent or guardian stating that the applicant lives with that person, as long as the affidavit is accompanied by the parent/guardian’s New Mexico driver’s license, the parent/guardian’s New Mexico identification card, or two proofs of New Mexico residency of the parent/guardian.

C. Applicants for an identification card not acceptable for federal purposes who are homeless or in temporary lodging and unable to provide two of the documents identified in Subsection B of 18.19.5.16 NMAC may provide an affidavit in the manner required by the department from a representative of a New Mexico governmental entity, not-for-profit organization, assisted care facility/home, adult assisted living facility/home, homeless shelter, transitional service provider, or group/half way house attesting to the address where the applicant resides or receives services in lieu of the documents required in Subsection B of 18.19.5.16 NMAC.

Section C:

Required Documents for Commercial Drivers' Licenses and Permits

Revised December 6, 2017

Every applicant for a first-time Tapestry-issued New Mexico commercial driver’s license or commercial learner’s permit must provide the following documents:

Proof of Social Security Number (SSN);

Proof of identity and U.S. citizenship (or) lawful permanent residence in the U.S.;

USDOT Commercial Driver Medical Certificate (or) proof of employment by a government entity; and

Two (2) proofs of physical residency showing a New Mexico address; and

Every applicant for an out-of-state transfer of a commercial driver’s license (CDL) must also provide the applicant’s current U.S. state-issued CDL.

Additional information clarifying each of these requirements is provided below.

Notes:

The documents listed below are only the most basic requirements for all CDL applications and are subject to CDL Unit verification. They do not include additional requirements for specific CDL license classifications and endorsements.

Field office personnel always have the ability and responsibility to inquire further, and may request additional documentation, if there is reason to suspect that documents provided are not legitimate. If in doubt consult your manager, who may in turn consult with the appropriate Bureau Chief.

Proof of Social Security Number (SSN)

An applicant who is eligible for a Social Security number (SSN) must produce their Social Security card; or, if a Social Security Administration account card is not available, the person may present one of the following documents with the applicant’s SSN:

W-2 form

SSA-1099 form

Non-SSA-1099 form

Pay stub with the applicant’s name and SSN on it

Proof of identity and U.S. citizenship (or) lawful permanent residence in the U.S.

Identity/U.S. citizenship:

Valid, unexpired United States passport

Valid, unexpired United States passport card

Original or certified copy of a birth certificate filed with a state office of vital statistics or equivalent agency in the individual’s place of birth